Liberals took the bait and pointed out the Supreme Court has ruled flag burning legal and has ruled that citizenship cannot be taken away.
But they forgot one detail …
Liberals love the Supreme Court when it rules in their favor. Their worship of the Court ends when guys like Scalia carry the day.
Today, libs are dissing Donald Trump for his Tweet about punishing flag burners.
Mr. Trump wrote the post shortly after Fox News aired a segment about a dispute at Hampshire College in Massachusetts, which removed the American flag from its campus flagpole after protests over his election victory; during one demonstration, someone burned a flag.
Even if Mr. Trump could persuade Congress to enact a criminal statute, a dramatic shift in the balance between government power and individual freedom, anyone convicted and sentenced under it could point to clear Supreme Court precedents to make the case for a constitutional violation.
The obstacles include the precedent that the Constitution does not allow the government to expatriate Americans against their will, through a landmark 1967 case, Afroyim v. Rusk. They also include a 1989 decision, Texas v. Johnson, in which the court struck down criminal laws banning flag burning, ruling that the act was a form of political expression protected by the First Amendment.
David D. Cole, a Georgetown University law professor who co-wrote the Supreme Court briefs in the flag-burning case and who is about to become national legal director at the American Civil Liberties Union, said he wondered if Mr. Trump’s strategy was to goad people into burning flags in order to “marginalize” the protests against him. But he also called Mr. Trump’s proposal “beyond the pale.”
“To me it is deeply troubling that the person who is going to become the most powerful government official in the United States doesn’t understand the first thing about the First Amendment — which is you can’t punish people for expressing dissent — and also doesn’t seem to understand that citizenship is a constitutional right that cannot be taken away, period, under any circumstances,” he said.
After the 1989 decision, supporters of a flag-burning ban tried to enact an amendment to the Constitution to make an exception to the First Amendment, but it twice fell short in the Senate.
The issue flared again a decade ago. In 2005, Hillary Clinton, a senator from New York at that time, co-sponsored the Flag Protection Act. Arguing that desecration of the symbol “may amount to fighting words or a direct threat to the physical and emotional well-being” of onlookers, the bill would have banned flag burning if abusing the symbol was “intended to incite a violent response rather than make a political statement.”
The crafters of that bill sought to frame it as a compromise and an alternative to an amendment, saying “the Bill of Rights is a guarantee of those freedoms and should not be amended in a manner that could be interpreted to restrict freedom, a course that is regularly resorted to by authoritarian governments which fear freedom and not by free and democratic nations.”
But Congress did not act on the legislation. The following year, when the Senate again tried to approve a constitutional amendment to empower Congress to ban flag desecration and it fell one vote short of the necessary two-thirds majority, Mrs. Clinton was among those who voted against that measure.